September
20, 2005

Minutes

The
Andover City Planning Commission met for a regular meeting on Tuesday, September
20, 2005 at 909 N. Andover Road in the Andover Civic Center. Chairman Clark
Nelson called the meeting to order at 7:00 p.m. Commission Members present
were David Martine, Lynn Heath, Quentin Coon, Jeff Syrios, and Charlotte
Bass. Others in attendance were Zoning Administrator Les Mangus,
Administrative Secretary Deborah Carroll, and City Clerk/Administrator Jeff Bridges and City Council Liaison Caroline Hale. Commission Members Jan Cox and Ron Roberts were absent.

Call
to Order

Review
the minutes of the August 16, 2005 Planning Commission meeting.

Charlotte
Bass made a motion to approve the minutes as presented. Lynn Heath seconded
the motion. Motion carried 6/0.

Review the minutes of the August
16, 2005 Planning Commission meeting.

Communications:

Review the City Council minutes from the August 30,
2005 and September 13, 2005 meetings. The minutes were received and
filed.

Review the minutes of the September 6, 2005 Site Plan
Review Committee Meeting. The minutes were received and filed.

Review the minutes of the September 13, 2005
Subdivision Committee meeting. The minutes were received and filed.

Review the Potential Residential Development Lot Report.

Communications:

Z-2005-05 and SU-2005-03: Public hearing on an application
for a change of zoning district classification from the R-1 Single-Family
Residential District to the B-2 Neighborhood Business District with Special
use requested to establish a place for outside storage in the B-2
Neighborhood Business District located at 816 N. Andover Rd.

Les
Mangus explained the Andover Church of Christ desires to zone their property
to B-2 Neighborhood Business District in order to market the north 118 feet
for sale for business use. The Special Use for outdoor storage came about as
a result of a possible purchaser of the vacant lot needing outdoor storage
and display for water garden plants and accessories. The Special Uses listed
in the B-2 Regulations lists lumberyards, which would typically include some
outdoor storage of materials. In general, Staff is not opposed to the
proposed change, but the outdoor storage could easily get out of hand if not
limited by conditions of the Special Use. The adjacent residential neighbors
to the east probably would not be opposed to seeing plant materials across
their back property line, but many other materials could be objectionable.

Mark
Savoy of Savoy Company P.A. represented the owner who said the church wants
to sell the property just north of the existing driveway. The prospective
buyer sells/installs water gardens which would require some outside display
and storage. Mark said he did not have any further information about the prospective
buyer’s plans for the property.

Jeff
Syrios asked if there will be a retail building. Mark said there would be a
building with combination of retail and storage. Jeff Syrios was concerned
about the appearance of this business, parking, and storage. There was
further discussion about possible problems with the approval of this special
use without adequate information being available. Mark Savoy said there would
be sufficient screening of the residential property to the east, and of all
storage area.

Concerns
noted by Planning Commission members:

1.
Display in front of the retail building is okay, but the outside storage
needs to be screened and not visible from traffic.

2.
If the storage facility is larger than the retail building.

3.
Type of items to be stored.

Chairman
Nelson opened the Public Hearing and asked if anyone from the audience wished
to speak either if favor or opposition of this application.

Lynn
McBride of 823 N. Andover Road said he does not have a problem with the
rezoning of this property. He objected to the outside storage area being full
of boats and RV’s. He also asked if this business moves, how much control the
city would have over the next business use. Mr. McBride also asked about
regulations for Treescapes in the outside storage of decorative rock.

Les
Mangus stated Treescapes is in the B-6 Business District which is just down
from Industrial zoning and does allow outdoor storage and permits garden
stores. Les said he is also concerned about unlimited outdoor storage and
quoted the zoning regulations definition for accessory use: “Is subordinate
in area, extent or purpose to the principle building or use served”. There
was further discussion about this regulation. Les said there would need to be
specific conditions if the special use is granted.

Lynn
McBride said he is still concerned about large vehicle parking on the
property or if the property is sold again in the future to someone who will
abuse the outside storage permit.

Les
Mangus suggested size, intensity, type of merchandise, needs to be decided
about storage adjacent to a residential neighborhood. He said screening is
shown in the text of the preliminary plat.

Jeff
Syrios was concerned about making a decision without more specific
information about the prospective use. Les said it is better to have a set of
conditions based upon known information. It was the consensus of the members
to approve the zoning change but not the special use without further information.

Mark
Savoy apologized for not having more information on the special use
applicant. General discussion continued. Les said the application for special
use is for the entire property. Les said he objected to approval of special
use of this entire property.

David
Martine said the reason for B-2 zoning
is to be good to the neighbors. He did not agree with granting this much area
a special use without knowing the type of use for the property.

Lynn
McBride asked why this applicant did not purchase property in the industrial
area instead of applying for this special use.

Annette
Hendrix representing Children’s Discovery Center at 836 N. Andover Road was
concerned about chemicals connected with this water garden business being
stored next to the daycare center. She also was unsure of the visual effect
of the business on the children in the playground, and about parking issues.

There
was discussion about whether to table this entire application until next
month when more information could be obtained from the applicant and
prospective buyer of the north 118 feet of the property. Les said the zoning
and special use cannot be separated at this point because they were applied
for and advertised together. Les said the entire matter should be continued until
the next meeting. Les said if the zoning change was approved without the
special use, the special use could not be heard until after proper
notification at the November Planning Commission meeting.

Clark
Nelson asked Mark Savoy to work with the neighbors of this property to define
the intent of this business prospect.

Mark
Savoy said the sale of this piece of property is contingent upon the approval
of the special use application and he agreed with deferring this entire case
until the next meeting.

Mark
Savoy asked how the deferment of this case would effect the Final Plat
approval. Les said the plat could be approved contingent upon zoning
approval, because there are references to the uses and setbacks of it.

Chairman
Nelson closed the Public Hearing at 7:40 p.m.

Lynn
Heath made a motion to defer Z-2005-05 and SU-2005-03 until the October
Planning Commission meeting. Quentin Coon seconded the motion. Motion carried
6/0.

Z-2005-05 and SU-2005-03 Public hearing on an application for
a change of zoning district classification from the R-1 Single-Family
Residential District to the B-2 Neighborhood Business District with Special
use requested to establish a place for outside storage in the B-2
Neighborhood Business District located at 816 N. Andover Rd.

Review
the Small Tract Final Plat of the Church of Christ Addition located at 816 N. Andover Rd.

The
church desires to plat their property creating two lots. The Church &
parsonage would remain together as a lot, and the vacant land would be a new
lot available for commercial development. Most of the items in the Staff
Checklist comments have been resolved before the Planning Commission Meeting.

Lynn
Heath made a motion to defer the Final Plat of the Church of Christ Addition until the October Planning Commission meeting. Quentin Coon seconded the
motion. Motion carried 6/0.

Review the Small Tract
Final Plat of the Church of Christ Addition located at 816 N. Andover Rd.

Review
the Small Tract Final Plat of the Anna Addition located at 1139 N. Andover
Rd.

Les
Mangus stated this final plat was reviewed & approved in part some time
ago. The owner has acquired the property adjacent to the south, and desires
to incorporate the two properties into one plat. The new property has been
approved for commercial zoning, contingent on platting. Most of the Staff
comments have been resolved before the Planning Commission Meeting. He said
this property is already zoned B-1 Office Business contingent upon the
approval of this plat.

There
was discussion about the location and existing structures on this property.

David
Martine asked if all the entrances off
of Andover Road were being approved as shown. Les said they have limited
access to 2 points on Lot 2. Mark said 1 of the existing 3 driveways will be
eliminated.

Clark
Nelson asked if all staff comments have been satisfied. Les said the only
thing still needed is a current title report.

Clark
Nelson asked Les if he has reviewed the drainage plan. Les said he has. It is
sheet drainage to either of the streets.

David
Martine asked if the existing house
would be moved to Lot 1. Mark Savoy said that is correct.

David
Martine asked about screening between
residential and commercial zones. Les said there is a statement on the
Preliminary Plat about screening the adjacent residential neighbors. At Site
Plan Review level, specific details will be provided when the commercial lot
is developed.

David
Martine made a motion to
approve the Final Plat of Anna Addition subject to staff comments. Lynn Heath
seconded the motion. Motion carried 6/0.

Review the Small Tract
Final Plat of the Anna Addition located at 1139 N. Andover Rd.

Member
Items:

David Martine- Asked about 13PthP Street east of Andover Road transition area between
the city and township. This 100’ gives access from the gravel to the asphalt.
He asked if the city could improve this area with their equipment. This would
improve the entrance to the 13PthP Street Sports Park. No action was taken.

Lynn
Heath- Asked about the completion
date of the Kellogg and Andover Road intersection. Les said the contractor
anticipates mid to late November. He said weather and utility conditions have
caused the delays.

Lynn
Heath asked about the Holiday Inn Express progress. Jeff Bridges said that
project has been delayed for the same reasons as the Kellogg intersection.

David Martine- Asked about 13PthP Street west into Wichita paving project. Jeff Bridges said they will bid the 13PthP
Street/KTA bridge work in January. Les said he anticipates completion of the
bridge in August or September 2006. He said the ½ mile + road project portion
in Butler County is set to bid in late 2006. The Sedgwick County portion of that project from 159PthP Street to
K-96 is wrapped up in right-of-way negotiations and considerably beyond the
2006 goal. The Sedgwick County portion will be 5 lanes.

Member
Items

Quentin
Coon made a motion to adjourn the meeting at 8:00 p.m. Charlotte Bass
seconded the motion. Motion carried 6/0.

Adjournment

Respectfully
Submitted by

U__________________________

Deborah
Carroll

Administrative
Secretary

Approved this 18th day
of October 2005 by the Andover City Planning Commission/ Board of Zoning
Appeals, City of Andover.